Real Obligations at the Edge of Contract and Property
Real Obligations at the Edge of Contract and Property

Author: Siel Demeyere

Publisher: Property Law

Published: 2020

Total Pages: 0

ISBN-13: 9781780689166

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This book extensively analyses obligations connected to property rights, or 'real obligations', in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners. A real obligation differs in several aspects from a personal obligation. A real obligation is for instance so closely connected to a property right that the obligation transfers automatically to the transferee of the property right. After defining real obligations and the exclusion of several related legal mechanisms in Part I, the regime of real obligations is analysed in Part II. The liability of both the transferor and transferee for real obligations, which are for many property rights underregulated, for instance, are analysed in detail. Those findings are applied to the specific property rights in Part III, so that particular problems for a specific property right are also analysed and, where possible, solved. For instance the role of party autonomy in the creation of a long lease right is studied. Also the different obligations which can be connected to a servitude are delineated. Part IV deals with legal mechanisms most of which have recently been introduced, allowing to connect obligations to a piece of property, outside the traditional framework of property rights, such as the Dutch 'qualitative obligation' and the French obligation relle environnementale. The book ends with a discussion of the possibility and desirability of the (broader) introduction of such real obligations, which could entail the introduction of new property rights sui generis.

Property, Trusts and Succession
Property, Trusts and Succession

Author: George Gretton

Publisher: Bloomsbury Publishing

Published: 2021-08-16

Total Pages: 649

ISBN-13: 1526518767

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Property, Trusts and Succession, Fourth Edition provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. The Fourth Edition of this popular text takes account of significant recent developments, including the draft Moveable Transactions (Scotland) Bill and the ongoing land reform agenda. There is a new section on succession to digital assets. The key contents also includes: - Personal and real rights, and types of property - Ownership and how it is transferred - Prescription - Land registration - Possession - Subordinate real rights, including servitudes, real burdens, leases and securities - Proper and improper liferents - Trusts: constitution, administration and termination - Testate succession - Intestate succession - Execution of documents - Human rights - Appendix on the feudal system Whilst aimed primarily at undergraduates, this important title is also a useful source of reference for practitioners seeking a modern introduction to this area of law. George L Gretton is Lord President Reid Professor of Law Emeritus at the University of Edinburgh and a former Scottish Law Commissioner. Andrew J M Steven is Professor of Property Law at the University of Edinburgh and a former Scottish Law Commissioner.

A Research Agenda for Property Law
A Research Agenda for Property Law

Author: Bram Akkermans

Publisher: Edward Elgar Publishing

Published: 2024-05-02

Total Pages: 287

ISBN-13: 1803924810

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Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.

A Critical Mind
A Critical Mind

Author: Christine Godt

Publisher: Springer Nature

Published: 2023-06-22

Total Pages: 790

ISBN-13: 3662659743

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This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.

Examples & Explanations for Property
Examples & Explanations for Property

Author: Barlow Burke

Publisher: Aspen Publishing

Published: 2019-03-13

Total Pages: 706

ISBN-13: 1543809723

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Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues

Southern Reporter
Southern Reporter

Author:

Publisher:

Published: 1921

Total Pages: 1012

ISBN-13:

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Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.